PHL 354: Philosophy of Law Philosophy Tutoring Monday- 6-8 134 Kedzie Week 02 Lecture 02 Philosophy and the Law (3-14) If there were no law would there be a society? Why have Laws? If we had no agreement in law we wouldn’t be a society‚ in a sense having some sort of rules makes us a society. We need a sense of rules and governance to have order and society to exist. Beneficial to US Prevent Fighting: Those of you who have read Thomas Hobbs‚ this idea of it would be a war of
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CONTENTS: | | The distinction between Primary and Secondary Data‚ and between Quantitative and Qualitative Data. | Primary Data: Data collected by the researcher 1. Surveys- Questionnaires or Interviews = Quantitative Data 2. Observations- Participant and Non-Participant Observation = Qualitative DataSecondary Data: Refers to data that is already available to sociologists 1. Official Statistics = Quantitative Data 2. Personal Letters and Diaries = Qualitative Data 3. Media- TV/Newspapers/Radio/
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Chapter 4 – Constituting Companies (Mini summary relevant for Chapter 22 – Transacting by Companies 1) Legal effect of the internal governance rules s140 states that: “a company’s constitution (if any) and any replaceable rules that apply to the company have effect as a contract: a) Between the company and each member b) Between the company and each director and company secretary c) Between a member and each other member Under which each person agrees to observe and perform ... the rules so
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only used amongst others. Ie- adaptability‚ capability‚ type of work‚ sickness‚ performance‚ appraisals‚ qualifications‚ skills‚ disciplinary record. Volunteer redundancy- Be careful what you ask for! Obliged to consultation‚ don’t have to agree. Case law suggests three stage test: was the employee dismissed? if so‚ had the employer’s requirement for employees to carry out work of a particular kind ceased or diminished‚ or was it expected to cease or diminish? if yes‚ was the dismissal caused wholly
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Business Law – Complete Notes from Benjamin Wolfson Class taken Spring 2008 Quiz questions at end of document What is Law: Law is a set of rules for the peaceful resolution of disputes. (*better/more useful than book definition) It is impossible to set up a system that always resolves conflict. -The phrase “law exists to protect our rights” is incorrect‚ because law gives us our rights. Without the law‚ we would not have them. [ryan] we always want disputes resolved peacefully.
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Physical Dimensions. RIGHTS ABOVE SURFACE →The owner’s rights in airspace should be restricted to “any such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it”. If within this meaning their may be an action in trespass. – Berstein v Skyviews and General Ltd. S 2(1) of the Damage by Aircraft Act 1952 precludes action in trespass for overflying aircraft.→ An intrusion by a land based structure located on the defendant’s land constituted a trespass to the
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Sources of Law Constitutional Law (Federal and State) Statutory Law at the Federal Level Statutory Law at the State Level Local Laws of Cities‚ Countries and Towns Common Law Court Decisions-provide interpretation or clarification of the law stare decis Custom Federal Court U.S. is a party Federal question-arising under federal law Diversity of Citizenship Jeff Bauman v. Dzhokar Tsarnaev – Civil or Criminal? If Jeff Bauman was to sue‚ it would be a civil case because the individual
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PROPERTY LAW 2013 Contents 1. Rights Above and Below Land……………………………………………………. 3 2. Fixtures and Related Matters……………………………………………………… 7 3. Co – Ownership……………………………………………………………………. 12 4. Easements………………………………………………………………………….. 26 5. Covenants………………………………………………………………………….. 35 6. Adverse Possession………………………………………………………………... 46 7. Native Title Legislation and Indigenous Land Rights Legislation………………... 60 1. Rights Above and Below Land Cuius est solum eius usque ad coelom
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decision Arrest: To detain a person suspected of having committed a crime Capital Punishment: An offender is put to death Civil Law: Deals with non-criminal matters involving disputes between individuals and organisations Conciliation: A method of settling a dispute where a third party acts as an interventionist mediator Criminal Law: Law involving cases where the government has declared some action to be illegal Evidence: Information presented that helps the court reach a
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Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
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